Now that Raila has withdrawn, Uhuru should be sworn in

Nasa presidential candidate Raila Odinga at Okoa Kenya offices in Nairobi on September 27, 2017. But as he has variously stated, and rightly so, no one can force him to vie. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • Of course, the IEBC will have to determine the way forward in strict accordance with the laws of the land.
  • President Kenyatta is a man who was wrongly denied victory by the Supreme Court despite a difference of 1.4 million votes.

Tuesday’s press conference by Raila Odinga in which he formally withdrew from the presidential election scheduled for 26th of this month was politically and legally significant.

The announcement and the strategy that informs it took few by surprise.

For those who know Mr Odinga well, the announcement was one more instance of his endless gamesmanship and a testimony to how far his pursuit for power will go.

NOMINATION
He will never admit it, but his withdrawal was a case in which he blinked first, when a resounding defeat was obvious.

The reasons for his withdrawal and suggestions for a fresh nomination after 90 days are both bewitching and bewildering.

What is the rationale for fresh nomination when he was duly nominated?

Isn’t the process a Supreme Court-mandated process that has specific timelines?

Isn’t the process defined and prescribed by the Constitution and other laws?

COURT ORDER
What reforms do we need as a country to undertake the fresh elections?

And why is Mr Odinga ignoring the legal consequences of his withdrawal?

In fact, isn’t his withdrawal in light of the process ordered by the Supreme Court in flagrant contempt of the order issued by the court on September 1, 2017?

Mr Odinga was constitutionally entitled to run for president and he was on the ballot for the presidential election re-election.

IEBC

But as he has variously stated, and rightly so, no one can force him to vie.

It is a personal choice. His choice to withdraw from the race must be respected.

Of course, the IEBC will have to determine the way forward in strict accordance with the laws of the land.

Kenyans shouldn’t panic about the law that regulates Mr Odinga’s withdrawal.

Thanks to the elaborate and bipartisan committee of the Houses chaired by Kiraitu Murungi and James Orengo, they foresaw this scenario and adequately addressed it through legislation.

REGULATION

Rules 52 and 53 of the Elections (General) Regulations amended in 2017 address this scenario specifically.

Regulation 52(2) states where there are two nominated candidates, and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with Regulation 53.

Regulation 53 provides that if at the close of nominations for an elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect.

There is no legal lacuna or uncertainty. President Uhuru is now the duly-elected president.

POLITICS
The irony of Raila’s withdrawal isn’t lost to many.

President Kenyatta is a man who was wrongly denied victory by the Supreme Court despite a difference of 1.4 million votes.

The very man whom the Supreme Court wrongly gave a second chance to, on his own motion, threw the towel and restored President Uhuru’s initial victory.

The mysteries of Kenyan politics never stop amusing those it envelops!

RIGGING
It was sad to see that the colossus that was Raila on Kenya’s political scene left it with a whimper, by withdrawing.

Looking at this usual mantra that his votes were stolen, this is one contest that Raila willingly ran away from, and in which he will not assert that his votes were stolen.

It was ironical that Raila has on his own motion read his political eulogy.

Now that Raila has withdrawn from the presidential race and paved the way for the swearing-in of President Kenyatta, let him allow the country to move on.

VIOLENCE

Let us stop the agitation, demonstration and violence that defined his political career.

Let him allow Kenyans to build their country and provide for their families.

Let him not open a new frontier and phases of his agitation and grievances.

Let him rebuild his party and prepare for another chance to become president in 2022. He will be a formidable candidate.

Mr Abdullahi is senior counsel